General Conditions of Sale and Delivery AGB

§ 1: Scope and validity of terms

1.) All deliveries, services and offers from Weiss Dosiertechnik are made exclusively on the basis of these terms of business, which shall apply to all further business transactions even if they have not been specifically agreed upon by the parties. These terms are to be regarded as accepted on acceptance of the goods or services at the latest. Contrary representations on the part of the Buyer with reference to the Buyer's general terms of business or purchasing terms are expressly excluded.

2.) Additional oral agreements only apply if confirmed in writing by Weiss Dosiertechnik. If purchased goods are to be used, the protection rights of third parties are to be observed; these are excluded from sale.

§ 2: Offer and contract conclusion

All offers submitted by Weiss Dosiertechnik are subject to subsequent alteration and are not binding. Orders are only binding for Weiss Dosiertechnik where Weiss Dosiertechnik has confirmed the order in writing, or corresponds to the order with a delivery.

§ 3: Range of deliveries

1.) Order confirmation by Weiss Dosiertechnik shall govern the range of delivery. For the period in which the Buyer is overdue on settling payment owed, also applying to earlier business transactions, Weiss Dosiertechnik shall be entitled to deny service.

2.) Delivery dates or notice periods that have been agreed upon in a binding or non-binding fashion require the written form.

3.) Weiss Dosiertechnik shall not bear responsibility for delivery or service delays due to force majeure or other events, especially strike, lockout, instructions from public authorities, etc., that significantly and not only temporarily hinder or prevent Weiss Dosiertechnik from delivery, and also in cases where these circumstances affect Weiss Dosiertechnik direct or indirect suppliers. Such circumstances shall entitle Weiss Dosiertechnik to postpone delivery or service by the duration of the hindrance in addition to a commensurate period for preparation, or to withdraw partly or completely from the corresponding part of the contract that has not yet been fulfilled. The customer shall have no recourse to other claims, in particular to compensation for damages.

4.) If the hindrance should last longer than three months, the Buyer shall be entitled to withdraw from that part of the contract that has not yet been fulfilled after setting a reasonable period of notice. If the delivery period is extended and Weiss Dosiertechnik is released from its responsibilities; the Buyer may not derive any claims for compensation. Weiss Dosiertechnik may only refer to the circumstances named if it has immediately advised the Buyer accordingly.

5.) If Weiss Dosiertechnik is responsible for the non-fulfillment of the agreed delivery date to which it is bound or is delayed in delivery, the Buyer shall be entitled to claim compensation for delayed delivery at 1.5% of the purchase price for each completed week up to a total of 5% of the contract value of the deliveries or services affected by the delay. The Buyer shall not have recourse to any further claims unless the delay is the result of at least grave negligence on the part of Weiss Dosiertechnik.

§ 4: Price and transfer of risk

1.) Unless otherwise agreed in writing, all prices quoted are EXW from the works of Weiss Dosiertechnik, without packaging and without value added tax.

2.) The risk is transferred to the Buyer as soon as the consignment is transferred to the person shipping the consignment or has left the Weiss Dosiertechnik storage depot as previously described for the purpose of shipment. If the delivery is delayed at the request of the Buyer, the risk will be transferred on the announcement of shipment readiness to the buyer.

§ 5: Payment

1.) Our calculations are payable within 10 days after calculation preservation with 2% of discount payment or 20 days net.

2.) If the Buyer falls into arrears on payment, Weiss Dosiertechnik shall be entitled to charge interest at 8 percentage points above the base rate of the European Central Bank from the corresponding time point. Weiss Dosiertechnik may claim compensation for higher damages at its own discretion.

3.) In cases of delayed payment where there is reason to doubt the Buyer's creditworthiness or ability to pay, Weiss Dosiertechnik shall, other rights notwithstanding, be entitled to demand collateral or advance payment. Additionally, Weiss Dosiertechnik shall be entitled to declare all other claims arising from the business commitment as due.

4.) The Buyer shall only be entitled to offset, retain or reduce payment if a title to the counterclaims has been awarded in a court of law or the counterclaims have not been disputed; this also applies to claims arising from objections to faults or other counterclaims.

§ 6: Retention of title

1.) Until all of the claims have been settled (including all claims on current account balances) to which Weiss Dosiertechnik is entitled from the Buyer now or in the future for any legal reason, Weiss Dosiertechnik shall be granted the following security that shall be released on request at the discretion of Weiss Dosiertechnik as soon as the security's value exceeds 20% of the claims after receipt.

2.) The goods shall remain the property of Weiss Dosiertechnik. Any processing or alteration shall be made for Weiss Dosiertechnik as the manufacturer without incurring any duties on the part of Weiss Dosiertechnik. If Weiss Dosiertechnik (part) ownership should be eliminated through combination of the goods with the property of another party, the Buyer agrees herewith to assign the corresponding part of the object by value percentage (value as per invoice) to Weiss Dosiertechnik. The Buyer shall maintain safe keeping of the (part) property of Weiss Dosiertechnik without charge. Goods to which Weiss Dosiertechnik is entitled (part) ownership are referred to henceforth as reserved goods.

3.) The Buyer is entitled to process and sell reserved goods in ordinary business as long as the Buyer is not overdue on payment. Liens and assignments on the goods are not permitted. The Buyer shall, for the purposes of security, herewith assign all claims resulting from further sale or any other legal reason with reference to the reserved goods (including all claims on current account balances) to Weiss Dosiertechnik. Weiss Dosiertechnik shall authorize the Buyer to collect all claims assigned to Weiss Dosiertechnik in the Buyer's name and on the Buyer's account. This authorization may be revoked, but only if the Buyer does not fulfill payment obligations in the proper manner.

4.) If any third party should launch any claims to reserved goods, especially liens, the Buyer shall inform the third party of Weiss Dosiertechnik ownership of the goods and immediately advise Weiss Dosiertechnik for Weiss Dosiertechnik to be able to exercise its own ownership rights to the goods. If the third party is not in a position to compensate Weiss Dosiertechnik for the costs of settlement in and out of court, the Buyer shall be held liable for these costs.

5.) If the Buyer should act in breach of the contract, in particular through overdue payment, Weiss Dosiertechnik shall be entitled to withdraw from the contract and demand the return of the reserved goods.

§ 7: Guarantee

1.) New goods are delivered free of all production and material defects. The guarantee period in which the Buyer may launch a claim due to defects shall be one year beginning with goods delivery.

2.) The Buyer shall immediately inspect the goods delivered on receipt. The Buyer shall advise Weiss Dosiertechnik of any defects immediately, within three days at the latest, in writing or by telex. If the Buyer should fail to inform Weiss Dosiertechnik, the delivery shall be regarded as accepted unless the defect is a concealed defect. The same applies to shortfalls in the scope of delivery.

3.) Used goods shall be sold "as seen", or in the condition in which they could have been seen. The Buyer shall have no rights arising out of defects in used goods regardless of the time of occurrence. Weiss Dosiertechnik shall undertake no guarantees.

4.) If the Buyer should advise Weiss Dosiertechnik of a defect in the goods supplied by Weiss Dosiertechnik, Weiss Dosiertechnik shall, at its own discretion and cost, demand that- a: the defective goods be returned to Weiss Dosiertechnik for repair and subsequent return to the Buyer. b: the Buyer keeps the goods available while a service technician of Weiss Dosiertechnik is sent to the Buyer to carry out the repair.

5.) If the Buyer demands that the repair work be carried out at a certain location determined by the Buyer, Weiss Dosiertechnik may accommodate this request. Replaced parts will not be charged; however, Weiss Dosiertechnik will charge for labour hours and travelling expenses at Weiss Dosiertechnik standard rates.

6.) If the repair work should fail to achieve the desired result after a reasonable period, the Buyer may, at his discretion, demand a discount from payment or withdraw from the contract.

7.) Weiss Dosiertechnik shall accept no liability for normal wear and tear.

8.) Claims arising from defects against Weiss Dosiertechnik may only be launched by the Buyer directly, and may not be assigned to a third party.

§ 8: Liability

1.) Weiss Dosiertechnik shall not accept any claims to compensation for damages regardless of the type of non-fulfillment of obligations, including unauthorized activity, unless intent or grave negligence is involved.

2.) In breach of major contractual obligations, Weiss Dosiertechnik shall accept liability for every case of negligence, but only up to the foreseeable level of damages. Claims to loss of earnings, expenses saved, from claims from third parties as well as other indirect and consequential damages may not be launched unless the claim involves qualities guaranteed by Weiss Dosiertechnik that were specifically intended to protect the Buyer from such damages.

3.) The exclusions in the liability limitations described in the two preceding paragraphs do not apply to claims arising from deceptive behavior of the Seller, liability applying to guaranteed qualities, according to the product liability law of Germany, or damage to health, injury to persons, or death.

4.) All liability of the Seller that is excluded or limited applies equally to the employees, representatives and vicarious agents of the Seller.

§ 9: Obligations of the buyer

Unless otherwise agreed, all goods are sold without customs settlement. The Buyer assures and guarantees the Seller that the Buyer may assume disposal rights over the goods without obligations to pay customs and excise, import VAT and/or other similar charges or payments. The Buyer shall indemnify Weiss Dosiertechnik from all payments to customs or other authorities.

§ 10: Miscellaneous terms

1.) The law of the Federal Republic of Germany shall apply to all terms of business and the entire legal relationship between the Buyer and Weiss Dosiertechnik. The terms of the UN Convention on the International Sale of Goods (CISG) shall not apply.

2.) Inasmuch as the Buyer is a legal entity according to public law or is represented by publicly owned assets, jurisdiction relating to any dispute indirectly or directly arising from the contractual relationship shall be exclusive to Sonthofen.

3.) Any invalid provision in these terms of business or in any other agreement now or in the future shall not affect the validity of the other terms.